The posted employer must also be careful about how it manages the impact of the posting on backlog employees. It is likely that some of these employees will have to take on additional tasks and responsibilities, and perhaps for no additional reward. Add to the equation that they may already be unhappy because they have been neglected for the possibility of secondment, and the clean solution on paper has the potential to be a ticking time bomb for employee relationships in the office. In addition, if the Second is an important member of the team, it is worth considering whether the assisted employer can really afford to let him go, even for a short time. There is often a balance between taking into account requests for secondment from important customers and ensuring the stability of the team from which the Second is removed. An audit of internal group agreements can help you clarify the position. The starting point is the identification of current and past secondments within the group, as well as the conditions of a written agreement between the parties concerned. For example, it is important that the posting agreement clearly indicates which party retains responsibility for the management and management of the posting during the secondment. There are two reasons for this: first, as mentioned above, re-booking maximum management control helps the employer avoid concluding that the host is using the Second.
Secondly, a clear division of competences avoids unnecessary confusion between the parties. Since the posted worker is always employed by his employer, the most sensible thing is for the employer to be responsible for these matters. It is good practice for the employer and the host of the sending agreement to briefly explain the personal data processed by each posted worker during the posting, the reasons and the legal bases on which the reasons are based. It should also be remembered that consent to an employment relationship is generally not considered “voluntary”, so appeal to another ground (e.g. B the performance of a contract or a legitimate commercial interest) is preferable. Special rules apply to intellectual property produced by staff. If it is possible or likely that the Second produces original works that you may wish to protect, use our clause 10 (Intellectual Property Rights) in the agreement. If you do, it is important that the contract is performed as an instrument; Any appointment of a lawyer must be executed as an act to be effective. Since intra-corporate postings can be considered as transfers of staff, it is advisable to evaluate the internal posting policy. If they are indeed considered as cases of provision of personnel subject to general authorization or as secondments from abroad prohibited by law, it is possible to consider the establishment of a local employment contract or, in the case of a client, to work on a subcontracting basis. It should be noted that intra-corporate postings have previously been a factor in the regulatory authority`s reflection on the use of its morality powers. In its determination of financial assistance to Lehman Brothers in 2010, the Panel of Determinations stated that “it is very relevant to determine whether it is reasonable to establish an SDS that employers who receive workers` benefits should ultimately bear the burden of their pension promises”, subject of course to other relevant factors and the overall consideration of adequacy.
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